Appeal No. 95-1626
Application 07/804,013
of the hard component changes with increase of the magnetic
field [page 3062, 2nd column]. In fact, there is nothing in
Shinjo which can be called a permanent magnet. Since claim 1
clearly recites a permanent magnet layer, and since Shinjo
does not suggest any permanent magnet be attached to the
multilayer element, the examiner has failed to establish a
prima facie case of the obviousness of claim 1. The examiner
has not addressed the obviousness of attaching a permanent
magnet to the MR element of Shinjo. Therefore, we do not
sustain the prior art rejection of independent claim 1. Since
claims 2, 6-13 and 15 depend from claim 1, we also do not
sustain the rejection of these claims.
With respect to independent claim 3, the examiner
argues that the Shinjo layers are the same as the claimed
invention and that it appears that some mixture of insulating
layer and metal layer is formed. The examiner concludes that
any difference between the invention of claim 3 and Shinjo is
the result of the process of making the MR element and cannot
give patentability to the claimed product. Claim 3 recites
that a nonferromagnetic metal layer is formed through a
nonferromagnetic insulating layer so that a current flowing in
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